Comparing Federal & State Courts

“You must first enable the government to control the governed; and in the next
place oblige it to control itself.” James Madison, Federalist No. 51, 1788
Many people think that it is very easy to manage. It's as if you say it and everyone
around you does it. And when one of your subordinates makes a mistake, it's the
supervisor who is to blame, because he is responsible for it. However, the person
who evaded a certain task is also to blame in the first place.

Comparing Federal & State Courts

The U.S. Constitution is the supreme law of the land in the United States. It creates
a federal system of government in which power is shared between the federal
government and the state governments. Due to federalism, both the federal
government and each of the state governments have their own court systems.
Discover the differences in structure, judicial selection, and cases heard in both
systems.
The Federal Court System
Article III of the Constitution invests the judicial power of the United States in the
federal court system. Article III, Section 1 specifically creates the U.S. Supreme
Court and gives Congress the authority to create the lower federal courts.
The State Court System
The Constitution and laws of each state establish the state courts. A court of last
resort, often known as a Supreme Court, is usually the highest court. Some states
also have an intermediate Court of Appeals. Below these appeals courts are the
state trial courts. Some are referred to as Circuit or District Courts.
The Federal Court System
Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94
U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International
Trade. U.S. Bankruptcy Courts handle bankruptcy cases. Magistrate Judges handle
some District Court matters
The State Court System
States also usually have courts that handle specific legal matters, e.g., probate court
(wills and estates); juvenile court; family court; etc.
The Federal Court System
Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of
Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of
Appeals.
The State Court System
Parties dissatisfied with the decision of the trial court may take their case to the
intermediate Court of Appeals.
The Federal Court System
A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of
Appeals, but the Supreme Court usually is under no obligation to do so. The U.S.
Supreme Court is the final arbiter of federal constitutional questions.
The State Court System
Parties have the option to ask the highest state court to hear the case.
The State Court System
Only certain cases are eligible for review by the U.S. Supreme Court.

Selection of Judges

The Federal Court System The State Court System

The Constitution states that federal judges are to
be nominated by the President and confirmed by
the Senate.
They hold office during good behavior, typically,
for life. Through Congressional impeachment
proceedings, federal judges may be removed from
office for misbehavior.
State court judges are selected in a variety of
ways, including
election,
appointment for a given number of years,
appointment for life, and
combinations of these methods, e.g.,
appointment followed by election.

Types of Cases Heard

The Federal Court System The State Court System

Cases that deal with the constitutionality of a Most criminal cases, probate (involving wills
law; and estates)
Cases involving the laws and treaties of the Most contract cases, tort cases (personal
U.S.; injuries), family law (marriages, divorces,
adoptions), etc.
Cases involving ambassadors and public
ministers; State courts are the final arbiters of state laws
Disputes between two or more states; and constitutions. Their interpretation of
federal law or the U.S. Constitution may be
Admiralty law; appealed to the U.S. Supreme Court. The
Bankruptcy; and Supreme Court may choose to hear or not to
hear such cases.
Habeas corpus issues.